Statutes | 4 HCC § 12 Chapter V § 21 | 2020
a. Hearing. A hearing on a Petition authorized or required by this Act shall be conducted with the purpose of protecting the Adult-at-Risk only when necessary and only to the extent shown by the facts and using the least restrictive alternatives.
(1) All rights, as set out specifically in this Act shall be enforced strictly during all proceedings.
(2) No hearing shall be held unless notice has been given to the Adult-at-Risk and other interested parties.
(3) The Adult-at-Risk and all other interested parties shall have the right and opportunity to be heard fully and to present evidence.
b. Timing. A Hearing on an Adult-at-Risk Protection Petition shall be held within forty-five (45) days of the filing of the Petition. If emergency protection is necessary an Adult-at-Risk Protective Restraining Order may be sought pursuant to the requirements within this Act.
c. Court Proceedings. A proceeding held pursuant to this Act will be closed and confidential. Persons who may attend are the parties, representatives of CFS, necessary Court officials, and attorneys for the parties. Other persons may appear only to testify.
d. Burden of Proof. The petitioner must provide one or more of the reasons listed as justification to bring the matter before the Court. The determination shall be made only after petition, notice, hearing, and proof by clear and convincing evidence of abuse, neglect, selfneglect, or exploitation.